THE C4C FEDERAL

EXCHANGE
The Coalition For Change, Inc. (C4C)
Volume 4, Number 2 (SPRING 2017)
ISSN 2375-7086 (Online)

HIGHLIGHTS Before the Supreme Court

BEFORE THE SUPREME COURT April Oral Arguments: Anthony Perry v Merit Systems
Anthony Perry v. Protection Board
Merit Systems Protection Board
On April 17, 2017, the
H.R. 702 United States Supreme
Federal Employee Anti- Court will hear the case of
discrimination of 2017 Anthony Perry v. Merit
Systems Protection Board
Class Actions:
(MSPB). The Court is to
US Marshals Service decide whether a MSPB
Social Security Administration decision disposing of a
mixed case on
jurisdictional grounds is
Federal Agencies Most
Often Accused of Discrimination subject to judicial review in
the U.S. District Court or in
the U.S. Court of Appeals
for the Federal Circuit. A mixed case is one that challenges certain adverse employment actions and
involves a claim under the federal anti-discrimination laws. The pending Supreme Court matter arises from

Perrys mixed case claims involving race discrimination against the U.S. Department of Commerces Bureau
of Census. Read more about Perry v MSPB No. 16-399. Click Here.

The Supreme Court is the highest tribunal in the nation for all cases and controversies arising under the
Constitution or the laws of the United States. According to its website, the Court receives approximately
7,000-8,000 petitions for a writ of certiorari each term. However, the Court only grants and hears oral
argument in about 80 cases. The Perry v MSPB case is open to the public. The Supreme Court of the United
States is located at 1 First Street, NE between East Capitol Street and Maryland Avenue. See Visitors
Guide to Oral Arguments.

On January 27, 2017, Representatives Elijah Cummings, Jason Chaffetz, Eleanor Holmes-Norton, James
Sensenbrenner, and Sheila Jackson Lee introduced the bill HR 702 - Federal Employee Anti-
discrimination Act of 2017 that was referred to the Committee on Oversight and Government Reform.
The bill includes the Coalition For Change, Inc. (C4C) recommended measures. Most notably, the bill
amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 to
strengthen Federal antidiscrimination laws enforced by the Equal Employment Opportunity Commission
and to expand accountability within the Federal Government. The bill was previously issued as HR 1557.

C4C Federal Exchange Quarterly Newsletter Spring Edition Page 1

 C4C Salutes Class Agent Matthew Fogg (Matthew Fogg, et.al v Jeff B. Sessions)

On February 24, 2017, The U.S. Equal Employment Opportunity

Commission (EEOC) rendered an order on Matthew F. Fogg claims against
the U.S. Department of Justice. Fogg, a retired chief deputy U.S. marshal,
accuses the law enforcement agency of systematically discriminating against
Black U.S. marshals. The EEOCs earlier July 11, 2012 ruling certified a
class of Black U.S. marshals from July 1994, when Matthew F. Fogg first
filed his class claims, to the present. The Fogg, et.al class is one of the
longest running certified classes in a Title VII complaint against a Federal
entity. See EEOC ORDER Click HERE.

Fogg, who won a jury verdict on a separate lawsuit in 1994,

C4C President Tanya Ward Jordan with
Class Agent Matthew Fogg, retired chief
deputy U.S. marshal
steadfastly pursues measures to improve the workforce culture of the
U.S. Marshals Service. The February 24, 2017 EEOC order retains Mr.
Fogg as class agent, adds more class agents, redefines the class;
allows the class to amend class charges and authorizes discovery.

According to the EEOC, The Amended Class Charge shall serve as the
operable complaint for this case. The class for this complaint is defined as all current and former African
American Deputy U.S. Marshals and Detention Enforcement Officers who were subjected to the Agencys
policies and practices regarding promotions, including reassignments and transfers, Headquarters
assignments, and hiring and recruitment from January 23, 1994 to present. (EEOC No. 570-2016-00501X)

Social Security Administration Class Action in the News

The Social Security Administration (SSA), a government agency

based in Baltimore County that handles retirement and
disability benefits, exists as a workplace frayed with racial equity
issues. Three (3) separate class actions have been languishing in
the administrative EEO process for years. See below.

Jefferson, et. al v Social Security Administration (SSA),

Image Credit: Paulette Taylor
referenced as SSA-1, involves a breach of settlement agreement.
[Background: In 2002, the class of African-American male
employees at the Baltimore headquarters of the SSA entered into
a settlement agreement with the agency regarding their class
discrimination claim based on race and sex.] See most recent
February 2017 decision on relief for class because of SSAs
breach. Class agents Gilbert Jefferson, Harry Dunbar and Ken
Burden have championed this litigation since 1995. [EEOC No.
531-2013-00129X]

Wilkerson, et al v. Social Security Administration (SSA) class

complaint was filed in 2007. Class agents, Kirk Wilkerson, Esset Tate, and Maceo Nesmith, lead the
employment class action referenced as SSA-2. To learn more about the pending class see article, dated Feb.
27, 2017, entitled Workers Complaint against SSA unresolved years laterWBAL TV Feb. 27, 2017. Click
HERE. Also, view news coverage at link https://youtu.be/9d9HauSgzVk

C4C Federal Exchange Quarterly Newsletter Spring Edition Page 2

Taylor, et al. v Social Security Administration
Black female employees have also alleged discrimination in pay and job opportunities. Circa 2006, two
African-American females, Paulette C. Taylor and Debra Harley, won a favorable decision from the EEOC to
represent more than 3,000 African-American women workers at the U.S. Social Security Administration.
On April 14, 2011, an EEOC Administrative Judge issued an interim decision on liability, finding that SSA
engaged in class-wide discrimination against the Grade 12 level. The EEOC Judge concluded: "The Class has
prevailed in the showing of class-wide discrimination against nonsupervisory African-American female
employees who were denied promotions into the GS-12 level, from December 9, 2000 to the present. The
SSA has not resolved the claims brought by the class. (Agency No. SSA-03-0224 & SSA-03-0208.)

Older Workers: Third Circuit Makes it Easier to Prove ADEA Disparate Impact Claims

On January 20, 2017, the Third Circuit Court of Appeals issued a precedential decision, Karlo, et al. v.
Pittsburgh Glass Works, LLC. The Karlo case will likely make it easier for subgroups of older workers to
bring lawsuits under the Age Discrimination in Employment Act (ADEA), on a disparate impact theory
of liability.To learn more click HERE.

EEOC Releases Fiscal Year 2016 NATIONAL Enforcement and Litigation Data

In fiscal year 2016, the U.S. Equal Employment Opportunity Commission (EEOC), received 91,503
charges of workplace discrimination. Specifically, the national charge numbers show the following
breakdowns by bases alleged:

Retaliation 42,018 45.9 percent*

Race 32,309 35.3 percent
Disability 28,073 30.7 percent
Sex 26,934 29.4 percent
Age 20,857 22.8 percent
National Origin 9,840 10.8 percent
Religion 3,825 4.2 percent
Color 3,102 3.4 percent
Equal Pay Act 1,075 1.2 percent

Genetic Information 238 .3 percent

Non-Discrimination Act

View report on EEOCs website - https://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm

*Retaliation was 45.9% of all complaints filed.

C4C Federal Exchange Quarterly Newsletter Spring Edition Page 3

 According to the most recent on-line U.S. Equal
Employment Opportunity Commission report on the
Federal work force, in fiscal year 2014, 14,343 individuals filed 15,013
formal discrimination complaints against their agencies. Among
agencies with more than 15,000 employees, the Department of Labor
held the dishonorable title of the agency with the highest rate at .74% of its
workforce to file discrimination complaints. The Department of Justice
held the second highest complaint rate at .72%. The Social Security
Administration, which has at least three pending class actions, held third
place with a complainant rate at .66%. [SOURCE: Annual Report of the
Federal Work Force Fiscal Year 2014 Table 2: Agencies with the Highest
Complaint Rate in FY 2014].

IN THE NEWS
The Office of Special Counsel and the U.S. Equal Employment Opportunity Commission Both
FAIL to Enforce Anti-discrimination Laws.

On March 24, 2017, the Coalition For Change, Inc. (C4C) received its
Freedom of Information Act reply from Office of Special Counsel
(OSC) reflecting that the agency received only six (6) civil rights
violation case referrals for disciplinary action from the U.S. Equal
Employment Opportunity Commission. Of the six federal sector
employment discrimination cases in which civil rights violations
were found, OSC reported that it had not pursued or planned to
pursue any disciplinary action for the periods covering fiscal year
2014-March 2017. Notably, a Memorandum of Understanding
(MOU) exists between the EEOC and the OSC. The MOU provides
that the EEOC shall refer to OSC for potential enforcement action
cases in which the EEOC finds that a federal agency or an officer or employee thereof has discriminated
against any employee or applicant for employment in violation of section 717 of the Civil Rights Act of 1964.
Despite the MOU, the OSC and the EEOC are failing to effectively enforce anti-discrimination laws. See
FOIA reply from the OSC [Click HERE.]

FEDERAL SECTOR EMPLOYMENT CASES FOR REVIEW

Cases Click Link Below
Roz Furch v U.S. Department of Agriculture http://tinyurl.com/k2mk9jj
William Porter v U.S. Health and Human Services http://tinyurl.com/lgahtnr
Kirk Webster v Defense http://tinyurl.com/lo8ybdy
Laray Benton v Merit Systems Protection Board
/ Nuclear Regulatory Commission http://tinyurl.com/kfsdlmo

About C4C Federal Exchange - The C4C Federal Exchange (Quarterly)

Newsletter is a publication of The Coalition For Change, Inc. (C4C). The
Internet publication, which addresses race discrimination and retaliation in
the Federal sector, obtained its ISSN 2375-7086 from the U.S. Library of
Congress in October 2014.

GOT NEWS? Contact Us at C4C@coalition4change.org

C4C Federal Exchange Quarterly Newsletter Spring Edition Page 4